El Dorado County Municipal Code Ch. 1.24 General Penalty

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State Law reference— Penalties for violation of County ordinances, Government Code § 25132.

A. In this section the term "violation of the ordinances of the County" means any of the following:

1. Doing an act that is prohibited or made or declared unlawful, an offense, a violation, an infraction or a misdemeanor by ordinance or by rule or regulation authorized by ordinance.

2. Failure to perform an act that is required to be performed by ordinance or by rule or regulation authorized by ordinance.

3. Failure to perform an act if the failure is prohibited or is made or declared unlawful, an offense, a violation, an infraction or a misdemeanor by ordinance or by rule or regulation authorized by ordinance.

B. In this section the term "violation of the ordinances of the County" does not include the failure of a County officer or County employee to perform an official duty unless it is specifically provided that the failure to perform the duty is to be punished as provided in this section.

C. Except as otherwise provided by law or ordinance, and unless the violation of a particular ordinance is specified by that ordinance to be an infraction, any person violating any of the provisions or failing to comply with any of the mandatory requirements of the ordinances of the County shall be guilty of a misdemeanor unless, in the discretion of the prosecuting attorney or agency, the matter is alleged or charged as an infraction, in which case the matter shall proceed as an infraction. A violation of the ordinances of the County that is a misdemeanor shall be punishable by imprisonment in the County jail not exceeding six months or by a fine not exceeding $1,000.00, or by both.

(Code 1997, § 1.24.010; Ord. No. 4943)

A. Any person convicted of an infraction for violation of an ordinance of the County is punishable by:

1. A fine not exceeding $100.00 for a first violation;

2. A fine not exceeding $200.00 for a second violation of the same ordinance within one year;

3. A fine not exceeding $500.00 for each additional violation of the same ordinance within one year.

B. Notwithstanding any other provision of law, a violation of local building and safety codes determined to be an infraction is punishable by a fine not exceeding $100.00 for a first violation; a fine not exceeding $500.00 for a second violation of the same ordinance within one year; a fine not exceeding $1,000.00 for each additional violation of the same ordinance within one year of the first violation.

(Prior Code, § 401(C); Code 1997, § 1.24.030; Ord. No. 3172, § 6(part), 1981)

Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of the ordinances of the County is committed, continued or permitted by any such person, and he or she shall be punished accordingly.

(Prior Code, § 401(D); Code 1997, § 1.24.040; Ord. No. 3172, § 6(part), 1981)